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(영문) 인천지방법원 2020.07.16 2019가단249151
건물명도(인도)
Text

1. Defendant B delivers to the Plaintiff each real estate listed in the separate sheet, and from May 14, 2019, the above building was rendered.

Reasons

1. Basic facts

A. On May 10, 2018, the Plaintiff leased each real estate listed in the separate sheet to Defendant B as KRW 20,000,000, KRW 2,200,000 for the following month (including value-added tax, KRW 2,420,00 for the following month), and the lease period on May 31, 2021 for the lease period.

(hereinafter “instant lease agreement”). B.

Defendant B paid rent of KRW 27,570,000 out of the rent of KRW 36,300,000, which shall be paid by July 14, 2019 under the instant lease agreement.

C. The Plaintiff terminated the instant lease agreement with the Defendant B by serving a duplicate of the instant complaint.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, since the instant lease agreement was terminated on the grounds of the Defendant’s failure to pay two or more rents, Defendant B is obligated to deliver each real estate listed in the separate sheet to the Plaintiff. From May 14, 2019 to May 14, 2019 to the date the delivery of each of the said real estate is completed, Defendant B is obligated to pay the rent or unjust enrichment on the basis of rent or rent.

B. As the Plaintiff occupied each real estate listed in the attached list by Defendant C, the Plaintiff sought delivery of each of the above real estate as to Defendant C, but there is no dispute as to whether Defendant C does not possess the above real estate, and therefore, the Plaintiff’s claim for this portion is without merit.

3. The plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.

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